Protecting a brand’s image in India greatly depends on trademark registration. A registered trademark allows its owner to own and exclusively use its name, logo, slogan or device mark. To register a trademark in India, you start with Form TM-A. You will learn all about Form TM-A, how it is structured, who needs to use it, how to complete it, and its importance when registering a trademark.
Introduction to Form TM-A
Form TM-A is the application form usable according to the Trade Marks Rules, 2017, to obtain a trademark registration in India. The first and most vital action for securing protection for your brand name, logo, word mark or any distinctive sign is to apply for registration under the 1999 Trade Marks Act.
This model was developed for individuals, companies, LLPs, start-ups and foreign companies working in India. A properly filed TM-A eliminates most problems and helps your trademark application progress steadily.
Purpose of Form TM-A
- This form, TM-A, must be used to give the Registrar all necessary information so that a trademark can be registered.
- It allows a brand to be officially confirmed in the relevant category of goods or services.
- Registering the trademark gives the owner rights to stop others from using it.
- It provides the basis for the law to respond when infringement happens.
- It serves to protect the nation and supports the brand’s reputation.
Who Can File Form TM-A?
- Anyone or any business interested in trademark protection should complete Form TM-A. This includes
- People who own their businesses by themselves
- A partnership firm is run differently from a limited liability partnership, which is explained below.
- There are private and public limited companies.
- Start-ups and small businesses qualify for special, lower prices.
- Trusts, societies and associations.
Types of Trademarks You Can Apply for Through Form TM-A
- With Form TM-A, applicants are allowed to register many different types of marks.
- Brand names, phrases and slogans are part of what’s known as word marks.
- Logos and symbols on the device
- Both words and designs are used in combination marks.
- There are situations when sound marks and colour marks are used.
- Trademarks that the company groups use jointly
- Goods or services are certified with certification trademarks.
- A series of trademarks with the same features can be registered under a single application.
Key Sections in Form TM-A
You must enter many details in different sections when completing Form TM-A. Make sure you know all the sections to ensure your work is correct and within the rules.
Applicant’s Personal Information
- The information should include the applicant’s name, nationality and address.
- You may be an individual, a start-up or a company.
- India or someplace abroad is where the Principal Place of Business is located.
Trademark Information
- Proper presentation of the trademark (word, logo, device or label)
- Information about the mark, such as colours or visible traits, except for the shape
- If the mark isn’t written in English or Hindi, it should be translated and transliterated.
- The type of product or service a company sells is called its class of goods or services.
- Appointing a Nice Classification symbol to the invention as needed
- Each discipline requires a single PDF and more than one PDF is needed for several professions.
- If the mark covers both types of goods and services, the details about both must be mentioned.
A Product’s Intended Use or Former Use
- When the trademark was first used in India
- If you have not applied the mark yet, it needs to be registered as “proposed to be used.”
- In case of previous use, you are required to present invoices or packaging documents.
Authorization of Agent
- The legal representative will require the details of the trademark agent or attorney if included on the application.
- You can include a power of attorney or TM-48 form if needed
- In this section, you must declare and sign.
- Final statement enabling the company to affirm the accuracy of the information
- Signature of either the applicant or an authorized agent
- When and where the submission occurred
How to File Form TM-A Online?
People can fill out Form TM-A online on the Controller General of Patents, Designs and Trademarks website or at any regional Trademark Registry office. Its ease of use, how fast it is and the ability to see where your package is make online purchasing popular.
Key Steps:
- Look up the IP India website and log in to their trademark filing service.
- Enter the necessary information, add your trademark image and upload any supporting papers.
- Pick the suitable trademark class that suits your goods or services
- Pay the set government fees for the type of applicant you are
- Fill out the form and remember the application number for future needs
Fee Charges for Form TM-A
- The amount you pay for Form TM-A depends on whether you are applying as an individual, a company, or an organization, and on how many classes are requested.
- The price for individuals, start-ups and small companies filing online is ₹4,500 per class
- If filed online, companies and all other entities pay ₹9,000 per class as their fee
- You must pay an extra charge if you file your trademark through the mail.
Which Documents are Needed with Form TM-A?
- A JPEG file containing the trademark is clearly displayed
- An applicant must show proof of their identity and address.
- Business registration certificate.
- You should file for a power of attorney if you use a trademark attorney.
- Provide records of earlier use if you are referencing it before the application.
How Trademark Lawyers Help while Filing for a TM-A?
The work of a trademark lawyer makes sure the form is complete or errors can result in the application not being accepted or lead to legal problems. A lawyer makes sure that a business is classified correctly, drafts necessary documents and ensures it follows all regulations.
- When you hire them, trademark lawyers will do searches to spot similar marks.
- They write clear and justifiable outlines for what the mark represents.
- They respond to any objections or oppositions received when a patent is examined
- They ensure a brand’s continued protection and make suggestions for renewal.
Conclusion
By filing Form TM-A, you can gain exclusive use of a brand’s name in India. If you’re filing for any kind of trademark, taking care to complete TM-A correctly and with care is the basis for getting proper protection. Each action during the application process such as picking the right class and uploading verified documents, makes a difference.
Although anyone can complete Form TM-A without help, using a professional trademark lawyer likely ensures a better and more successful outcome. Businesses that want to protect their brand under law should first use Form TM-A.
If you are eager to protect your brand, contact trustworthy trademark law attorneys or find professional TM-A lawyers to assist you.
